draft fb minutes june 2012 - flboardofmedicine.gov · Peabody Orlando 9801 International Drive...

Florida Board of Medicine

Peabody Orlando 9801 International Drive

Orlando, FL 32819 (407) 352-4000

June 1-2, 2012

DRAFT MEETING MINUTES

Meeting minutes prepared by Crystal Sanford of 51

Friday June 1, 2012 1 8:00 a.m. ROLL CALL 2 3 Members Present: Members Absent: 4 Jason J. Rosenberg, M.D., Chairman Fred Bearison, M.D. 5 Z.P. Zachariah, M.D., Vice- Chairman Onelia Lage, M.D. 6 Nabil El Sanadi, M.D., 1st Vice-Chairman Donald Mullins, Consumer Member 7 Elisabeth Tucker, M.D. Brigitte Goersch, Consumer Member 8 Merle P. Stringer, M.D. 9 Magdalena Averhoff, M.D. 10 Robert Nuss, M.D. 11 James Orr, M.D. 12 Gary Winchester, M.D. 13 Bradley Levine, Consumer Member 14 George Thomas, M.D. 15 16 Staff Present: Others Present: 17 Joy A. Tootle, JD, Executive Director American Court Reporting 18 Ed Tellechea, Esq, Board Counsel 19 Donna McNulty, Esq, Board Counsel Judy Rivenbark, M.D., Director 20 Nancy Murphy, Paralegal Practitioners Resource Network 21 Crystal Sanford, CPM, Program Operations Administrator 22 Chandra Prine, Program Operations Administrator 23 Rebecca Hewett, Administrative Assistant I 24 Shaila Washington, Compliance Officer 25 Jessica Hammonds, Public Information Officer 26 Ashley Carr, Public Information Officer 27 28 Prosecuting Attorneys Present: 29 Veronica Donnelly, Esq. 30 Diane Kiesling, Esq. 31 Yolonda Green, Esq. 32 Sharmin Hibbert, Esq. 33 Robert Milne, Esq. 34 Carl Gregg, Esq. 35 36



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Disciplinary Case Schedule: 1 Scott Adam Boden, M.D., West Hartford, CT – Settlement Agreement .....................4 2 Case #2010-09763 3 Dr. El Sanadi was recused due to participation on the probable cause panel. 4 5 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(b), FS (2009) – Having 6 a license or the authority to practice medicine revoked, suspended, or otherwise acted against, 7 including the denial of licensure, by the licensing authority of any jurisdiction, including its 8 agencies or subdivisions. The licensing authority's acceptance of a physician's relinquishment of 9 a license, stipulation, consent order, or other settlement, offered in response to or in anticipation 10 of the filing of administrative charges against the physician's license, shall be construed as action 11 against the physician's license and s. 458.331(1)(kk), FS (2009) – Failing to report to the board, 12 in writing, within 30 days if action as defined in paragraph (b) has been taken against one’s 13 license to practice medicine in another state, territory, or country. 14 15 Case #2011-15149 16 No present members were recused due to participation on the probable cause panel. 17 18 Allegations of the Amended Administrative Complaint: Violation of s. 458.331(1)(b), FS (2011) 19 – Having a license or the authority to practice medicine revoked, suspended, or otherwise acted 20 against, including the denial of licensure, by the licensing authority of any jurisdiction, including 21 its agencies or subdivisions. The licensing authority's acceptance of a physician's relinquishment 22 of a license, stipulation, consent order, or other settlement, offered in response to or in 23 anticipation of the filing of administrative charges against the physician's license, shall be 24 construed as action against the physician's license. 25 26 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 27 28 Penalty imposed: letter of concern, $2,500 fine, costs, Laws and Rules course, 5 hours CME in 29 risk management 30 31 Winston Ebilane Evalle, M.D., Wildwood, FL – Settlement Agreement......................5 32 Dr. Thomas and Mr. Levine were recused due to participation on the probable cause panel. 33 34 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2005) – 35 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 36



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malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 1 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 2 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 3 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 4 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 5 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 6 this paragraph shall be construed to require that a physician be incompetent to practice medicine 7 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 8 law judge or a final order of the board finding a violation under this paragraph shall specify 9 whether the licensee was found to have committed “gross medical malpractice,” “repeated 10 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 11 by the board must so specify. and s. 458.331(1)(m), FS (2005) – Failing to keep legible, as 12 defined by department rule in consultation with the board, medical records that identify the 13 licensed physician or the physician extender and supervising physician by name and professional 14 title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic 15 or treatment procedure and that justify the course of treatment of the patient, including, but not 16 limited to, patient histories; examination results; test results; records of drugs prescribed, 17 dispensed, or administered; and reports of consultations and hospitalizations. 18 19 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 20 21 Penalty imposed: letter of concern, $5,000 fine, costs, FMA records course, 5 hours CME in 22 risk management 23 24 Gustavo Serrano, M.D., Tampa, FL – Settlement Agreement ......................................6 25 Dr. Orr and Mr. Levine were recused due to participation on the probable cause panel. 26 27 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2007-2009) – 28 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 29 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 30 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 31 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 32 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 33 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 34 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 35 this paragraph shall be construed to require that a physician be incompetent to practice medicine 36



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in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 1 law judge or a final order of the board finding a violation under this paragraph shall specify 2 whether the licensee was found to have committed “gross medical malpractice,” “repeated 3 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 4 by the board must so specify and s. 458.331(1)(g), FS (2007-2009) – Failing to perform any 5 statutory or legal obligation placed upon a licensed physician. 6 7 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 8 9 Penalty imposed: letter of concern, $10,000 fine, costs, Laws and Rules course, FMA records 10 course, 5 hours CME in risk management 11 12 Gloria Elaine McNeil, M.D., Fort Pierce, FL – Settlement Agreement .......................8 13 Mr. Mullins was recused due to participation on the probable cause panel. 14 15 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2007-2008) – 16 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 17 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 18 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 19 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 20 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 21 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 22 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 23 this paragraph shall be construed to require that a physician be incompetent to practice medicine 24 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 25 law judge or a final order of the board finding a violation under this paragraph shall specify 26 whether the licensee was found to have committed “gross medical malpractice,” “repeated 27 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 28 by the board must so specify and s. 458.331(1)(m), FS (2007-2008) – Failing to keep legible, as 29 defined by department rule in consultation with the board, medical records that identify the 30 licensed physician or the physician extender and supervising physician by name and professional 31 title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic 32 or treatment procedure and that justify the course of treatment of the patient, including, but not 33 limited to, patient histories; examination results; test results; records of drugs prescribed, 34 dispensed, or administered; and reports of consultations and hospitalizations. 35 36



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A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 1 2 Penalty imposed: letter of concern, $2,500 find, costs, FMA records course, 5 hours CME in 3 risk management 4 5 Daniel Kesden, M.D., Lauderdale Lakes, FL – Settlement Agreement .....................18 6 Dr. J. Rosenberg and Mr. Mullins were recused due to participation on the probable cause panel. 7 8 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2007) – 9 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 10 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 11 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 12 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 13 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 14 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 15 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 16 this paragraph shall be construed to require that a physician be incompetent to practice medicine 17 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 18 law judge or a final order of the board finding a violation under this paragraph shall specify 19 whether the licensee was found to have committed “gross medical malpractice,” “repeated 20 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 21 by the board must so specify and s. 458.331(1)(m), FS (2007) – Failing to keep legible, as 22 defined by department rule in consultation with the board, medical records that identify the 23 licensed physician or the physician extender and supervising physician by name and professional 24 title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic 25 or treatment procedure and that justify the course of treatment of the patient, including, but not 26 limited to, patient histories; examination results; test results; records of drugs prescribed, 27 dispensed, or administered; and reports of consultations and hospitalizations. 28 29 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 30 31 Penalty imposed: letter of concern, $7,000 fine, costs, FMA records course, 5 hours CME in 32 risk management 33 34 John Buckley Canalizo, M.D., Daytona Beach, FL – Settlement Agreement ...........19 35 Dr. Orr and Mr. Levine were recused due to participation on the probable cause panel. 36



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1 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2006) – 2 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 3 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 4 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 5 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 6 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 7 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 8 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 9 this paragraph shall be construed to require that a physician be incompetent to practice medicine 10 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 11 law judge or a final order of the board finding a violation under this paragraph shall specify 12 whether the licensee was found to have committed “gross medical malpractice,” “repeated 13 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 14 by the board must so specify. 15 16 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 17 18 Penalty imposed: letter of concern, $7,500 fine, costs, 5 hours CME in risk management, 5 19 hours CME in diagnosis and treatment of cardiac conditions 20 21 Vivian M. Habib, M.D., Pearland, TX – Settlement Agreement.................................55 22 No present members were recused due to participation on the probable cause panel. 23 24 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(b), FS (2011) – Having 25 a license or the authority to practice medicine revoked, suspended, or otherwise acted against, 26 including the denial of licensure, by the licensing authority of any jurisdiction, including its 27 agencies or subdivisions. The licensing authority’s acceptance of a physician’s relinquishment of 28 a license, stipulation, consent order, or other settlement, offered in response to or in anticipation 29 of the filing of administrative charges against the physician’s license, shall be construed as action 30 against the physician’s license and s. 458.331(1)(kk), FS (2011) – Failing to report to the board, 31 in writing, within 30 days if action as defined in paragraph (b) has been taken against one’s 32 license to practice medicine in another state, territory, or country. 33 34 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 35 36



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Penalty imposed: letter of concern, $1,500 fine, costs, Laws and Rules course 1 2 Michael Medved, P.A., Jacksonville, FL – Settlement Agreement..............................66 3 Dr. Orr was recused due to participation on the probable cause panel. 4 5 Allegations of the Administrative Complaint: Violation of s.458.331(1)(r), Prescribing, 6 dispensing, or administering any medicinal drug appearing on any schedule set forth in chapter 7 893 by the physician to himself or herself, except one prescribed, dispensed, or administered to 8 the physician by another practitioner authorized to prescribe, dispense, or administer medicinal 9 drugs; s. 458.331(1)(k), Making deceptive, untrue, or fraudulent representations in or related to 10 the practice of medicine or employing a trick or scheme in the practice of medicine; and s. 11 458.33191)(g), Failing to perform any statutory or legal obligation placed upon a licensed 12 physician. 13 14 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 15 16 Penalty imposed: reprimand, $3,500 fine, costs, Laws and Rules course, UF drug course 17 18 Derek David Muehrcke, M.D., Jacksonville, FL – Settlement Agreement...................1 19 Dr. Muehrcke was present and represented by John R. Saalfield, Esquire. 20 21 Dr. Zachariah was recused due to participation on the probable cause panel. 22 23 Mr. Milne represented the Department and presented the case to the Board. Allegations of the 24 Administrative Complaint: Violation of s. 456.072(1)(bb), FS (2006) – Performing or attempting 25 to perform health care services on the wrong patient, a wrong-site procedure, a wrong procedure, 26 or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated 27 to the patient's diagnosis or medical condition. For the purposes of this paragraph, performing or 28 attempting to perform health care services includes the preparation of the patient and s. 29 458.331(1)(nn), FS (2006) – Violating any provision of this chapter or chapter 456, or any rules 30 adopted pursuant thereto. 31 32 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 33 34



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A motion was made and seconded to offer a counter proposal to include the same terms as the 1 original agreement, but to increase the fine to t$20,000 and to require five hours CME in risk 2 management. 3 4 An amendment was offered to lower the fine. The amendment was rejected. 5 6 The motion carried with two opposed. 7 8 The Respondent took seven days to reject or accept the counter offer. 9 10 Action taken: Settlement Agreement rejected; counter offered to impose a letter of concern, 11 $20,000 fine, costs, lecture, 5 hours CME in risk management 12 13 John Peter Christensen, M.D., West Palm Beach, FL – Recommended Order ..........2 14 Dr. Christensen was not present but he was represented by Allan A. Hoffman, Esquire. 15 16 Dr. Zachariah and Mr. Levine were recused due to participation on the probable cause panel. Dr. 17 Rosenberg confirmed all participating members read the complete record. 18 19 Mr. Milne represented the Department and presented the case to the Board. Allegations of the 20 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2009-2010) – Notwithstanding s. 21 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 22 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 23 paragraph. Medical malpractice shall not be construed to require more than one instance, event, 24 or act. 2. Committing gross medical malpractice. 25 3. Committing repeated medical malpractice as defined in s. 456.50. A person found by the board 26 to have committed repeated medical malpractice based on s. 456.50 may not be licensed or 27 continue to be licensed by this state to provide health care services as a medical doctor in this 28 state. Nothing in this paragraph shall be construed to require that a physician be incompetent to 29 practice medicine in order to be disciplined pursuant to this paragraph. A recommended order by 30 an administrative law judge or a final order of the board finding a violation under this paragraph 31 shall specify whether the licensee was found to have committed “gross medical malpractice,” 32 “repeated medical malpractice,” or “medical malpractice,” or any combination thereof, and any 33 publication by the board must so specify; s. 458.331(1)(q), FS (2009-2010) – Prescribing, 34 dispensing, administering, mixing, or otherwise preparing a legend drug, including any 35 controlled substance, other than in the course of the physician’s professional practice. For the 36



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purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, 1 administering, mixing, or otherwise preparing legend drugs, including all controlled substances, 2 inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient 3 and is not in the course of the physician’s professional practice, without regard to his or her 4 intent; s. 458.331(1)(nn), FS (2009-2010) – Violating any provision of this chapter or chapter 5 456, or any rules adopted pursuant thereto; s. 458.331(1)(m), FS (2009-2010) – Failing to keep 6 legible, as defined by department rule in consultation with the board, medical records that 7 identify the licensed physician or the physician extender and supervising physician by name and 8 professional title who is or are responsible for rendering, ordering, supervising, or billing for 9 each diagnostic or treatment procedure and that justify the course of treatment of the patient, 10 including, but not limited to, patient histories; examination results; test results; records of drugs 11 prescribed, dispensed, or administered; and reports of consultations and hospitalizations and s. 12 458.331(1)(k), FS (2009-2010) – Making deceptive, untrue, or fraudulent representations in or 13 related to the practice of medicine or employing a trick or scheme in the practice of medicine. 14 15 A motion was made, seconded and carried unanimously to adopt the Findings of Fact. 16 17 A motion was made, seconded and carried unanimously to adopt the Conclusions of Law as 18 amended by deleting everything from paragraph 42 of the Recommended Order except for the 19 last sentence all the way through paragraph 47 except for the last sentence thereby dismissing 20 counters I and III. 21 22 A motion was made, seconded and carried unanimously to adopt the Recommended Order. 23 24 A motion was made, seconded and carried unanimously to waive the costs. 25 26 Penalty imposed: dismiss counts I and III [(t), (nn); find guilty on (m), (q) and (k); revocation, 27 $20,000 fine; costs waived 28 29 Michael Lee Rothberg, M.D., Clearwater, FL – Settlement Agreement ....................39 30 Dr. Rothberg was present and represented by Randolph Collette, Esquire. 31 32 No present members were recused due to serving on the probable cause panel. 33 34 Ms. Kiesling represented the Department and presented the case to the Board. Allegations of the 35 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2003) – Gross or repeated 36



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malpractice or the failure to practice medicine with that level of care, skill, and treatment which 1 is recognized by a reasonably prudent similar physician as being acceptable under similar 2 conditions and circumstances. 3 4 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 5 6 A motion was made and seconded to dismiss the Administrative Complaint. 7 8 The Respondent agreed to waive attorney fees and costs in this case. 9 10 The motion carried unanimously. 11 12 Action taken: Administrative Complaint dismissed 13 14 John Joseph Papavasiliou, M.D., Saint Johns, FL – Settlement Agreement ...............7 15 Dr. Papavasiliou was present and represented by Gregory Chaires, Esquire. The complainant 16 was also present and addressed the Board. 17 18 Mr. Levine was recused due to participation on the probable cause panel. 19 20 Ms. Kiesling represented the Department and presented the case to the Board. Allegations of the 21 Administrative Complaint: Violation of s. 458.331(1)(m), FS (2008) – Failing to keep legible, as 22 defined by department rule in consultation with the board, medical records that identify the 23 licensed physician or the physician extender and supervising physician by name and professional 24 title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic 25 or treatment procedure and that justify the course of treatment of the patient, including, but not 26 limited to, patient histories; examination results; test results; records of drugs prescribed, 27 dispensed, or administered; and reports of consultations and hospitalizations; s. 458.331(1)(dd), 28 FS (2008) – Failing to supervise adequately the activities of those physician assistants, 29 paramedics, emergency medical technicians, advanced registered nurse practitioners, or 30 anesthesiologist assistants acting under the supervision of the physician and s. 458.331(1)(t), FS 31 (2008) – Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 32 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 33 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 34 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 35 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 36



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committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 1 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 2 this paragraph shall be construed to require that a physician be incompetent to practice medicine 3 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 4 law judge or a final order of the board finding a violation under this paragraph shall specify 5 whether the licensee was found to have committed “gross medical malpractice,” “repeated 6 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 7 by the board must so specify. 8 9 The Board asked Prosecution Services to ensure a companion case was filed against the EMT 10 and the ARNP in this case. 11 12 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 13 14 A motion was made and seconded to impose the same terms in the original agreement but to also 15 include a risk management assessment. This amendment was accepted. 16 17 Another amendment was offered to remove the risk management assessment and this amendment 18 was rejected. 19 20 A motion was made and seconded to remove the risk management assessment. The motion 21 passed 7-2. 22 23 The counter motion, including the risk management assessment, failed 5-5. 24 25 The Respondent agreed to waive attorney fees and costs. 26 27 A motion was made and seconded to dismiss the complaint. This motion also failed 5-5. 28 29 A motion was made and seconded to accept the original Settlement Agreement unmodified. This 30 motion also failed 5-5. 31 32 A motion was made and seconded to impose a letter of concern and a $1,000 fine. This motion 33 failed 2-8. 34 35 Another motion was made, seconded and carried 6-4 to dismiss the complaint. 36



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1 Action taken: Administrative Complaint dismissed 2 3 Dr. Rosenberg introduced Lucy Gee, Director of Medical Quality Assurance and Jennifer 4 Tsetter, Department of Health General Counsel who was present in the audience. 5 6 William Todd Overcash, M.D., Ocklawaha, FL – Settlement Agreement ..................9 7 Dr. Overcash was present and represented by Richard H. Levenstein, Esquire. 8 9 Case #2008-16618 10 Dr. Zachariah was recused due to participation on the probable cause panel. 11 12 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2007) - 13 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 14 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 15 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 16 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 17 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 18 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 19 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 20 this paragraph shall be construed to require that a physician be incompetent to practice medicine 21 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 22 law judge or a final order of the board finding a violation under this paragraph shall specify 23 whether the licensee was found to have committed “gross medical malpractice,” “repeated 24 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 25 by the board must so specify. 26 27 28 Case #2008-16629 29 Dr. Zachariah was recused due to participation on the probable cause panel. 30 31 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2007) - 32 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 33 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 34 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 35 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 36



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repeated medical malpractice as defined in s. 456.50. A person found by the board to have 1 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 2 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 3 this paragraph shall be construed to require that a physician be incompetent to practice medicine 4 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 5 law judge or a final order of the board finding a violation under this paragraph shall specify 6 whether the licensee was found to have committed “gross medical malpractice,” “repeated 7 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 8 by the board must so specify. 9 10 This matter was tabled to allow the prosecutor and the Respondent to work out the criteria for the 11 Respondent’s practice plan. 12 13 Todd Louis Samuels, M.D., Westlake Village, CA – Settlement Agreement .............11 14 Dr. Samuels was present and represented by Holly B. Platter, Esquire. 15 16 Dr. Tucker and Mr. Levine were recused due to participation on the probable cause panel. 17 18 Ms. Hibbert represented the Department and presented the case to the Board. Allegations of the 19 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2010) – Notwithstanding s. 20 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 21 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 22 paragraph. Medical malpractice shall not be construed to require more than one instance, event, 23 or act. 2. Committing gross medical malpractice. 3. Committing repeated medical malpractice as 24 defined in s. 456.50. A person found by the board to have committed repeated medical 25 malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to 26 provide health care services as a medical doctor in this state. Nothing in this paragraph shall be 27 construed to require that a physician be incompetent to practice medicine in order to be 28 disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a 29 final order of the board finding a violation under this paragraph shall specify whether the 30 licensee was found to have committed “gross medical malpractice,” “repeated medical 31 malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the 32 board must so specify. 33 34 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 35 36



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Penalty imposed: letter of concern, $5,000 fine, costs, Laws and Rules course, 5 hours CME in 1 risk management 2 3 Revisit William Todd Overcash, M.D., Ocklawaha, FL – Settlement Agreement .....9 4 The Respondent and the prosecutor determined the following criteria for approval of his practice 5 plan: 6

1. Physician is capable of performing bariatric surgery. 7 2. Facility that has geriatrics and allows the physician to do bariatrics. 8 3. He is current on CESAP CME’s. 9

10 A motion was made, seconded and carried unanimously to accept the Settlement Agreement as 11 amended. 12 13 Penalty imposed: letter of concern, $5,000 fine, costs, restricted from practicing bariatric 14 surgery until he has appeared before the Probation Committee and received approval, this 15 includes submission of a practice plan meeting the criteria set forth above and the Board retained 16 jurisdiction to impose additional terms 17 18 Maziar Omidi, M.D., Los Angeles, CA – Hearing Not Involving Disputed Issues of Material 19 Fact….. ..............................................................................................................................12 20 Dr. Omidi was not present but he was represented by Christopher Hixon, Esquire. 21 22 No current members were recused due to participation on the probable cause panel. 23 24 Ms. Hibbert represented the Department and presented the case to the Board. Allegations of the 25 Administrative Complaint: Violation of s. 458.331(1)(b), FS (2008) – Having a license or the 26 authority to practice medicine revoked, suspended, or otherwise acted against, including the 27 denial of licensure, by the licensing authority of any jurisdiction, including its agencies or 28 subdivisions. The licensing authority's acceptance of a physician's relinquishment of a license, 29 stipulation, consent order, or other settlement, offered in response to or in anticipation of the 30 filing of administrative charges against the physician's license, shall be construed as action 31 against the physician's license and s. 458.331(1)(kk), FS (2008) – Failing to report to the board, 32 in writing, within 30 days if action as defined in paragraph (b) has been taken against one's 33 license to practice medicine in another state, territory, or country. 34 35 A motion was made, seconded and carried unanimously to dismiss the (kk) violation. 36



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1 A motion was made, seconded and carried unanimously to adopt the Findings of Fact. 2 3 A motion was made, seconded and carried unanimously to adopt the Conclusions of Law. 4 5 A motion was made, seconded and carried unanimously to find the Respondent violated Florida 6 statutes as charged in the Administrative Complaint. 7 8 The Respondent’s attorney raised no objections to the costs. 9 10 A motion was made, seconded and carried unanimously to impose a letter of concern and $1,000 11 fine. 12 13 A motion was made, seconded and carried unanimously to assess costs in the amount of 14 $2,460.41. 15 16 Penalty imposed: letter of concern, $1,000 fine, costs 17 18 Donald B. Bletz, M.D., Boca Raton, FL –Settlement Agreement ................................13 19 Dr. Bletz was present and represented by Sean Ellsworth and Randolph Collette, Esquires. 20 21 Dr. Orr and Mr. Mullins were recused due to participation on the probable cause panel. 22 23 Ms. Hibbert represented the Department and presented the case to the Board. Allegations of the 24 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2010-2011) - Notwithstanding s. 25 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 26 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 27 paragraph. Medical malpractice shall not be construed to require more than one instance, event, 28 or act. 2. Committing gross medical malpractice. 3. Committing repeated medical malpractice as 29 defined in s. 456.50. A person found by the board to have committed repeated medical 30 malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to 31 provide health care services as a medical doctor in this state. Nothing in this paragraph shall be 32 construed to require that a physician be incompetent to practice medicine in order to be 33 disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a 34 final order of the board finding a violation under this paragraph shall specify whether the 35 licensee was found to have committed “gross medical malpractice,” “repeated medical 36



Orlando, FL 32819 (407) 352-4000

June 1-2, 2012



malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the 1 board must so specify; s. 458.331(1)(m), FS (2010-2011) - Failing to keep legible, as defined by 2 department rule in consultation with the board, medical records that identify the licensed 3 physician or the physician extender and supervising physician by name and professional title 4 who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or 5 treatment procedure and that justify the course of treatment of the patient, including, but not 6 limited to, patient histories; examination results; test results; records of drugs prescribed, 7 dispensed, or administered; and reports of consultations and hospitalizations; s. 458.331(1)(nn), 8 FS (2010-2011) - Violating any provision of this chapter or chapter 456, or any rules adopted 9 pursuant thereto; s. 458.331(1)(gg), FS (2010-2011) – Misrepresenting or concealing a material 10 fact at any time during any phase of a licensing or disciplinary process or procedure; and s. 11 458.331(1)(q), FS (2010-2011) - Prescribing, dispensing, administering, mixing, or otherwise 12 preparing a legend drug, including any controlled substance, other than in the course of the 13 physician’s professional practice. For the purposes of this paragraph, it shall be legally presumed 14 that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, 15 including all controlled substances, inappropriately or in excessive or inappropriate quantities is 16 not in the best interest of the patient and is not in the course of the physician’s professional 17 practice, without regard to his or her intent. 18 19 A motion was made, seconded and carried unanimously to drop the (q) charge. 20 21 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 22 23 A motion was made, seconded and carried unanimously to impose the same terms in the original 24 agreement but to increase the fine to $40,000. 25 26 The Respondent took seven days to accept or reject the counter offer. 27 28 Action taken: Settlement Agreement rejected; counter to impose reprimand, $40,000 fine, costs, 29 10 hours CME in appropriate prescribing of controlled substances, restrictions: 1) permanently 30 restricted from practicing in, owning or operating a pain-management clinic; 2) perm restricted 31 from prescribing Schedule II and III, controlled substances; (q) violation dismissed 32 33 Jay C. Franklin, M.D., Miami, FL – Settlement Agreement .......................................14 34 Dr. Franklin was present and represented by Mark Dresnick, Esquire. 35 36



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Mr. Levine was recused due to participation on the probable cause panel. 1 2 Ms. Hibbert represented the Department and presented the case to the Board. Allegations of the 3 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2007-2009) – Notwithstanding s. 4 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 5 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 6 paragraph. Medical malpractice shall not be construed to require more than one instance, event, 7 or act. 2. Committing gross medical malpractice. 3. Committing repeated medical malpractice as 8 defined in s. 456.50. A person found by the board to have committed repeated medical 9 malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to 10 provide health care services as a medical doctor in this state. Nothing in this paragraph shall be 11 construed to require that a physician be incompetent to practice medicine in order to be 12 disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a 13 final order of the board finding a violation under this paragraph shall specify whether the 14 licensee was found to have committed “gross medical malpractice,” “repeated medical 15 malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the 16 board must so specify; s. 458.331(1)(nn), FS (2007-2009) – Violating any provision of this 17 chapter or chapter 456, or any rules adopted pursuant thereto; and s. 458.331(1)(m), FS 92007-18 2009) – Failing to keep legible, as defined by department rule in consultation with the board, 19 medical records that identify the licensed physician or the physician extender and supervising 20 physician by name and professional title who is or are responsible for rendering, ordering, 21 supervising, or billing for each diagnostic or treatment procedure and that justify the course of 22 treatment of the patient, including, but not limited to, patient histories; examination results; test 23 results; records of drugs prescribed, dispensed, or administered; and reports of consultations and 24 hospitalizations. 25 26 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 27 28 A motion was made, seconded and carried unanimously to impose the same terms but to increase 29 the fine to $30,000. 30 31 The Respondent took seven days to accept or reject the counter offer. 32 33 Action taken: Settlement Agreement rejected; counter to impose a reprimand, $30,000 fine, 34 costs, Laws and Rules course, UF drug course, FMA records course, restriction: permanent 35



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June 1-2, 2012



restriction from prescribing any controlled substance except drugs approved by FDA to treat 1 ADD and ADHD 2 3 William Robert Crumbley, M.D., Tampa, FL – Settlement Agreement ...................15 4 Dr. Crumbley withdrew from his Settlement Agreement prior to the meeting. 5 6 Nicholas Charles Caro, M.D., Chicago, IL – Settlement Agreement .........................16 7 Dr. Caro was present but not represented by counsel. 8 9 No present members were recused due to participation on the probable cause panel. 10 11 Mr. Milne represented the Department and presented the case to the Board. Allegations of the 12 Administrative Complaint: Violation of s. 458.331(1)(b), FS (2009) – Having a license or the 13 authority to practice medicine revoked, suspended, or otherwise acted against, including the 14 denial of licensure, by the licensing authority of any jurisdiction, including its agencies or 15 subdivisions. The licensing authority's acceptance of a physician's relinquishment of a license, 16 stipulation, consent order, or other settlement, offered in response to or in anticipation of the 17 filing of administrative charges against the physician's license, shall be construed as action 18 against the physician's license and s. 458.331(1)(kk), FS (2009) – Failing to report to the board, 19 in writing, within 30 days if action as defined in paragraph (b) has been taken against one's 20 license to practice medicine in another state, territory, or country. 21 22 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 23 24 A motion was made and seconded to offer a counter proposal to impose a letter of concern, 25 $1,000 fine, and the Laws and Rules course. 26 27 An amendment was offered to suspend the license until his Illinois license is clear and reserve 28 jurisdiction to impose additional terms at that time. This amendment was accepted. 29 30 An amendment was offered to drop the suspension and replace with language that says if he 31 returns to practice in Florida, the Board reserves jurisdiction to impose additional terms. This 32 amendment was accepted. 33 34 The Respondent took seven days to accept or reject the counter offer. 35 36



Orlando, FL 32819 (407) 352-4000

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Action taken: letter of concern, $3,000 fine, costs, Laws and Rules course, suspension until his 1 Illinois license is clear, jurisdiction is retained to impose additional terms if he returns to Florida 2 to practice 3 4 Carl Z. Salzman, M.D., Pembroke Pines, FL – Settlement Agreement ....................17 5 This hearing was continued until the next Board Meeting. 6 7 Kevin Louis Boyer, M.D., Bradenton, FL – Settlement Agreement ..........................20 8 Dr. Boyer was present and represented by Troy J. Cotts, Esquire. 9 10 Dr. Zachariah was recused due to participation on the probable cause panel. Dr. Thomas recused 11 himself because he knows the physician. 12 13 Ms. Kiesling represented the Department and presented the case to the Board. Allegations of the 14 Administrative Complaint: Violation of s. 458.33191)(t), FS (2007) – Notwithstanding s. 15 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 16 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 17 paragraph. Medical malpractice shall not be construed to require more than one instance, event, 18 or act. 2. Committing gross medical malpractice. 3. Committing repeated medical malpractice as 19 defined in s. 456.50. A person found by the board to have committed repeated medical 20 malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to 21 provide health care services as a medical doctor in this state. Nothing in this paragraph shall be 22 construed to require that a physician be incompetent to practice medicine in order to be 23 disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a 24 final order of the board finding a violation under this paragraph shall specify whether the 25 licensee was found to have committed “gross medical malpractice,” “repeated medical 26 malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the 27 board must so specify and s. 458.331(1)(m), FS (2007) – Failing to keep legible, as defined by 28 department rule in consultation with the board, medical records that identify the licensed 29 physician or the physician extender and supervising physician by name and professional title 30 who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or 31 treatment procedure and that justify the course of treatment of the patient, including, but not 32 limited to, patient histories; examination results; test results; records of drugs prescribed, 33 dispensed, or administered; and reports of consultations and hospitalizations. 34 35 A motion was made, seconded and carried with two opposed to reject the Settlement Agreement. 36



Orlando, FL 32819 (407) 352-4000

June 1-2, 2012



1 A motion was made, seconded and carried with two opposed to offer the same agreement but to 2 increase the fine to $20,000. 3 4 The Respondent took seven days to accept or reject the counter offer. 5 6 Action taken: Settlement Agreement rejected; counter offer to impose letter of concern, $20,000 7 fine, costs, FMA records course, 5 hours CME in risk management 8 9 Narciso A. Rodriguez-Cayro, M.D., Winter Haven, FL – Settlement Agreement ....21 10 Dr. Rodriguez-Cayro was present but not represented by counsel. 11 12 No present members were recused due to participation on the probable cause panel. 13 14 Ms. Green represented the Department and presented the case to the Board. Allegations of the 15 Administrative Complaint: Violation of s. 458.331(1)(b), FS (2011) – Having a license or the 16 authority to practice medicine revoked, suspended, or otherwise acted against, including the 17 denial of licensure, by the licensing authority of any jurisdiction, including its agencies or 18 subdivisions. The licensing authority’s acceptance of a physician’s relinquishment of a license, 19 stipulation, consent order, or other settlement, offered in response to or in anticipation of the 20 filing of administrative charges against the physician’s license, shall be construed as action 21 against the physician’s license. 22 23 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 24 25 Penalty imposed: letter of concern, $1,500 fine, costs, Laws and Rules course 26 27 Florence J. Heimberg, M.D., Bradenton, FL – Settlement Agreement .....................23 28 Dr. Heimberg was present and represented by Christy Carpenter and Troy Cotts, Esquires. 29 30 Dr. El Sanadi and Mr. Levine were recused due to participation on the probable cause panel. 31 32 Ms. Green represented the Department and presented the case to the Board. Allegations of the 33 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2006) – Notwithstanding s. 34 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 35 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 36



Orlando, FL 32819 (407) 352-4000

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paragraph. Medical malpractice shall not be construed to require more than one instance, event, 1 or act. 2. Committing gross medical malpractice. 3. Committing repeated medical malpractice as 2 defined in s. 456.50. A person found by the board to have committed repeated medical 3 malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to 4 provide health care services as a medical doctor in this state. Nothing in this paragraph shall be 5 construed to require that a physician be incompetent to practice medicine in order to be 6 disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a 7 final order of the board finding a violation under this paragraph shall specify whether the 8 licensee was found to have committed “gross medical malpractice,” “repeated medical 9 malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the 10 board must so specify. 11 12 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 13 14 The Respondent agreed to waive attorney fees and costs. 15 16 A motion was made, seconded and carried unanimously to dismiss the Administrative 17 Complaint. 18 19 The Board asked that the expert witness in this case be referred to the Expert Witness 20 Committee. 21 22 Action taken: Administrative Complaint dismissed 23 24 Ricardo Plaud, ACN, M.D., Casselberry, FL – Determination of Waiver ................24 25 Dr. Plaud was not present nor was he represented by counsel. 26 27 Dr. Zachariah was recused due to participation on the probable cause panel. 28 29 Ms. Green represented the Department and presented the case to the Board. Allegations of the 30 Administrative Complaint: Violation of s. 458.331(1)(nn), FS (2010) – Violating any provision 31 of this chapter or chapter 456, or any rules adopted pursuant thereto. 32 33 A motion was made, seconded and carried unanimously to find the Respondent has waived his 34 right to a hearing. 35 36



Orlando, FL 32819 (407) 352-4000

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A motion was made, seconded and carried unanimously to adopt the Findings of Fact. 1 2 A motion was made, seconded and carried unanimously to adopt the Conclusions of Law. 3 4 A motion was made, seconded and carried unanimously to find the Respondent violated Florida 5 statutes as charged in the Administrative Complaint. 6 7 A motion was made, seconded and carried unanimously to revoke the Respondent’s license. 8 9 A motion was made, seconded and carried unanimously to waive assessment of costs. 10 11 Penalty imposed: revocation, costs waived 12 13 John Windham, P.A., Lake City, FL – Determination of Waiver ..............................25 14 Mr. Windham was not present nor was he represented by counsel. 15 16 No present members were recused due to participation on the probable cause panel. 17 18 Ms. Green represented the Department and presented the case to the Board. Allegations of the 19 Administrative Complaint: Violation of s. s. 458.331(1)(k), FS (2010-2011) – Making deceptive, 20 untrue, or fraudulent representations in or related to the practice of medicine or employing a trick 21 or scheme in the practice of medicine; s. 458.331(1)(nn), FS (2010-2011) – Violating any 22 provision of this chapter or chapter 456, or any rules adopted pursuant thereto; s. 458.331(1)(r), 23 FS (2010-2011) – Prescribing, dispensing, or administering any medicinal drug appearing on any 24 schedule set forth in chapter 893 by the physician to himself or herself, except one prescribed, 25 dispensed, or administered to the physician by another practitioner authorized to prescribe, 26 dispense, or administer medicinal drugs; and s. 456.072(1)(hh), FS (2010-2011) – Being 27 terminated from a treatment program for impaired practitioners, which is overseen by an 28 impaired practitioner consultant as described in s. 456.076, for failure to comply, without good 29 cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for 30 not successfully completing any drug treatment or alcohol treatment program. 31 32 A motion was made, seconded and carried unanimously to find the Respondent has waived his 33 right to a hearing. 34 35 A motion was made, seconded and carried unanimously to adopt the Findings of Fact. 36



Orlando, FL 32819 (407) 352-4000

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1 A motion was made, seconded and carried unanimously to adopt the Conclusions of Law. 2 3 A motion was made, seconded and carried unanimously to find the Respondent violated Florida 4 statutes as charged in the Administrative Complaint. 5 6 A motion was made, seconded and carried unanimously to revoke the Respondent’s license. 7 8 A motion was made, seconded and carried unanimously to waive assessment of costs. 9 10 Penalty imposed: revocation, costs waived 11 12 Voluntary Relinquishments: 13 Robert L. Diaz, M.D., Palm Beach Gardens, FL .........................................................28 14 Dr. Diaz was not present nor was he represented by counsel. 15 16 No present members were recused due to participation on the probable cause panel. 17 18 Allegations of the Administrative Complaint: Violation of s. s. 456.072(1)(kk), FS (2011) - 19 Being terminated from the state Medicaid program pursuant to s. 409.913, any other state 20 Medicaid program, or the federal Medicare program, unless eligibility to participate in the 21 program from which the practitioner was terminated has been restored 22 23 A motion was made, seconded and carried unanimously to accept the voluntary relinquishment 24 of license. 25 26 Penalty imposed: license relinquished 27 28 Carlos M. Barrera Valdivia, M.D., Miami, FL ....... .....................................................29 29 Dr. Valdivia was not present nor was he represented by counsel. 30 31 Probably cause was waived in this case. 32 33 Allegations of the Administrative Complaint: Violation of s. s. 458.331(1)(c), FS – Being 34 convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, 35 a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to 36



Orlando, FL 32819 (407) 352-4000

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practice medicine; s. 458.331(1)(g), FS – Failing to perform any statutory or legal obligation 1 placed upon a licensed physician; and s. 458.331(1)(nn), FS – Violating any provision of this 2 chapter or chapter 456, or any rules adopted pursuant thereto. 3 4 A motion was made, seconded and carried unanimously to accept the voluntary relinquishment 5 of license. 6 7 Penalty imposed: license relinquished 8 9 10 Brian W. Cook, M.D., Clearwater, FL ..........................................................................30 11 Dr. Cook was not present nor was he represented by counsel. 12 13 Dr. El Sanadi and Mr. Levine were recused due to participation on the probable cause panel. 14 15 Allegations of the Administrative Complaint: Violation of s. 456.072(1)(v), FS (2008-2011) – 16 Engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 17 456.063(1) and s. 458.331(1)(j), FS (2008-2011) – Aiding, assisting, procuring, employing, or 18 advising any unlicensed person or entity to practice a profession contrary to this chapter, the 19 chapter regulating the profession, or the rules of the department or the board. 20 21 A motion was made, seconded and carried unanimously to accept the voluntary relinquishment 22 of license. 23 24 Penalty imposed: license relinquished 25 26 Jorge Carlos Suarez, N.C., Miami, FL ..........................................................................31 27 Mr. Suarez was not present nor was he represented by counsel. 28 29 Mr. Levine was recused due to participation on the probable cause panel. 30 31 Allegations of the Administrative Complaint: Violation of s. 468.518(1)(n), FS (2008) – 32 Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 33 34 A motion was made, seconded and carried unanimously to accept the voluntary relinquishment 35 of license. 36



Orlando, FL 32819 (407) 352-4000

June 1-2, 2012



1 Penalty imposed: license relinquished 2 3 Raul A. Ramos, M.D., Belle Glade, FL ..........................................................................32 4 Dr. Ramos was not present nor was he represented by counsel. 5 6 Dr. Nuss was recused due to participation on the probable cause panel. 7 8 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(w), FS (2009-2010) – 9 Delegating professional responsibilities to a person when the licensee delegating such 10 responsibilities knows or has reason to know that such person is not qualified by training, 11 experience, or licensure to perform them; s. 458.331(1)(nn), FS (2009-2010) – Violating any 12 provision of this chapter or chapter 456, or any rules adopted pursuant thereto; and s. 13 458.331(1)(aa), FS (2009-2010 – Presigning blank prescription forms. 14 15 A motion was made, seconded and carried unanimously to accept the voluntary relinquishment 16 of license. 17 18 Penalty imposed: license relinquished 19 20 Antonio J. Juan-Maza, M.D., Hollywood, FL ...............................................................33 21 Dr. Juan-Maza was not present nor was he represented by counsel. 22 23 No present members were recused due to participation on the probable cause panel. 24 25 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(nn), FS (2008) – 26 Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto; s. 27 458.331(1)(t), FS (2008) – Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 28 1.Committing medical malpractice as defined in s. 456.50. The board shall give great weight to 29 the provisions of s. 766.102 when enforcing this paragraph. Medical malpractice shall not be 30 construed to require more than one instance, event, or act. 2. Committing gross medical 31 malpractice. 3. Committing repeated medical malpractice as defined in s. 456.50. A person found 32 by the board to have committed repeated medical malpractice based on s. 456.50 may not be 33 licensed or continue to be licensed by this state to provide health care services as a medical 34 doctor in this state. Nothing in this paragraph shall be construed to require that a physician be 35 incompetent to practice medicine in order to be disciplined pursuant to this paragraph. A 36



Orlando, FL 32819 (407) 352-4000

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recommended order by an administrative law judge or a final order of the board finding a 1 violation under this paragraph shall specify whether the licensee was found to have committed 2 “gross medical malpractice,” “repeated medical malpractice,” or “medical malpractice,” or any 3 combination thereof, and any publication by the board must so specify; s. 458.331(1)(q), FS 4 (2008) – Prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, 5 including any controlled substance, other than in the course of the physician's professional 6 practice. For the purposes of this paragraph, it shall be legally presumed that prescribing, 7 dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled 8 substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of 9 the patient and is not in the course of the physician's professional practice, without regard to his 10 or her intent; and s. 458.331(1)(m), FS (2008) – Failing to keep legible, as defined by department 11 rule in consultation with the board, medical records that identify the licensed physician or the 12 physician extender and supervising physician by name and professional title who is or are 13 responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment 14 procedure and that justify the course of treatment of the patient, including, but not limited to, 15 patient histories; examination results; test results; records of drugs prescribed, dispensed, or 16 administered; and reports of consultations and hospitalizations. 17 18 A motion was made, seconded and carried unanimously to accept the voluntary relinquishment 19 of license. 20 21 Penalty imposed: license relinquished 22 23 Chirag N. Amin, M.D., Corona, CA...............................................................................52 24 Dr. Amin was not present nor was he represented by counsel. 25 26 Mr. Levine was recused due to participation on the probable cause panel. 27 28 Allegations of the Administrative Complaint: Violation of s. 458.313(1)(b), FS (2009) - Having a 29 license or the authority to practice medicine revoked, suspended, or otherwise acted against, 30 including the denial of licensure, by the licensing authority of any jurisdiction, including its 31 agencies or subdivisions. The licensing authority's acceptance of a physician's relinquishment of 32 a license, stipulation, consent order, or other settlement, offered in response to or in anticipation 33 of the filing of administrative charges against the physician's license, shall be construed as action 34 against the physician's license and s. 458.331(1)(kk), FS (2009) – Failing to report to the board, 35



Orlando, FL 32819 (407) 352-4000

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in writing, within 30 days if action as defined in paragraph (b) has been taken against one's 1 license to practice medicine in another state, territory, or country. 2 3 A motion was made, seconded and carried unanimously to accept the voluntary relinquishment 4 of license. 5 6 Penalty imposed: license relinquished 7 8 Zenaida Amayao Reyes-Arguelles, M.D., Brooklyn, NY – Hearing Not Involving Disputed 9 Issues of Material Fact.....................................................................................................10 10 Dr. Reyes-Arguelles was present and represented by Mark Furman, Esquire. 11 12 No present member was recused due to participation on the probable cause panel. 13 14 Ms. Kiesling represented the Department and presented the case to the Board. Allegations of the 15 Administrative Complaint: Violation of s. 458.331(1)(b), FS (2010-2011) – Having a license or 16 the authority to practice medicine revoked, suspended, or otherwise acted against, including the 17 denial of licensure, by the licensing authority of any jurisdiction, including its agencies or 18 subdivisions. The licensing authority’s acceptance of a physician’s relinquishment of a license, 19 stipulation, consent order, or other settlement, offered in response to or in anticipation of the 20 filing of administrative charges against the physician’s license, shall be construed as action 21 against the physician’s license and s. 458.331(1)(kk), FS (2010-2011) – Failing to report to the 22 board, in writing, within 30 days if action as defined in paragraph (b) has been taken against 23 one’s license to practice medicine in another state, territory, or country. 24 25 A motion was made, seconded and carried unanimously to adopt the Findings of Fact. 26 27 A motion was made, seconded and carried unanimously to adopt the Conclusions of Law. 28 29 A motion was made, seconded and carried unanimously to find the Respondent violated Florida 30 statutes as charged in the Administrative Complaint. 31 32 A motion was made, seconded and carried unanimously to suspend the Respondent’s licensed 33 until all licenses are clear, letter of concern, $2,500 fine and the Laws and Rules course. 34 35 A motion was made, seconded and carried unanimously to waive costs in this case. 36



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1 Penalty imposed: suspended until all licenses are clear, letter of concern, $2,500 fine and the 2 Laws and Rules course 3 4 John T. Legowik, M.D., Kissimmee, FL – Settlement Agreement ..............................51 5 Dr. Legowik was present with two individuals assisting Dr. Legowik with his hearing. 6 7 Dr. Zachariah was recused due to participation on the probable cause panel. 8 9 Ms. Gregg represented the Department and presented the case to the Board. Allegations of the 10 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2006) – Notwithstanding s. 11 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 12 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 13 paragraph. Medical malpractice shall not be construed to require more than one instance, event, 14 or act. 2. Committing gross medical malpractice. 3. Committing repeated medical malpractice as 15 defined in s. 456.50. A person found by the board to have committed repeated medical 16 malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to 17 provide health care services as a medical doctor in this state. Nothing in this paragraph shall be 18 construed to require that a physician be incompetent to practice medicine in order to be 19 disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a 20 final order of the board finding a violation under this paragraph shall specify whether the 21 licensee was found to have committed “gross medical malpractice,” “repeated medical 22 malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the 23 board must so specify; s. 458.331(1)(q), FS (2006) – Prescribing, dispensing, administering, 24 mixing, or otherwise preparing a legend drug, including any controlled substance, other than in 25 the course of the physician's professional practice. For the purposes of this paragraph, it shall be 26 legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing 27 legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate 28 quantities is not in the best interest of the patient and is not in the course of the physician's 29 professional practice, without regard to his or her intent; s. 458.331(1)(m), FS (2006) – Failing to 30 keep legible, as defined by department rule in consultation with the board, medical records that 31 identify the licensed physician or the physician extender and supervising physician by name and 32 professional title who is or are responsible for rendering, ordering, supervising, or billing for 33 each diagnostic or treatment procedure and that justify the course of treatment of the patient, 34 including, but not limited to, patient histories; examination results; test results; records of drugs 35 prescribed, dispensed, or administered; and reports of consultations and hospitalizations. 36



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1 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 2 3 A motion was made and seconded to impose the same terms in the original agreement but to 4 increase the fine to $30,000 and to require him to surrender his DEA license. The motion carried 5 unanimously. 6 7 After discussion, a motion was made and seconded to reconsider the previous action. The 8 motion carried 6-4. 9 10 A motion was made and seconded to revoke the Respondent’s license. The motion failed 2-8. 11 12 A motion was made and seconded to impose the same terms in the original agreement but to 13 increase the fine to $30,000 and to require him to surrender his DEA license. 14 15 An amendment was offered to strike the portion of the monitoring that requires review of all 16 cases involving acute chronic pain. This amendment was accepted. 17 18 The motion carried unanimously. 19 20 The Respondent took seven days to accept or reject the counter offer. 21 22 Action taken: Settlement Agreement rejected; counter offer to impose reprimand, $30,000 fine, 23 costs, Laws and Rules course, 5 hours CME in risk management, probation for three years with 24 indirect supervision, 50% chart review, consult with monitor on all pain related cases, quarterly 25 reports from monitor, report from respondent), surrender DEA license 26 27 Cesar Augusto DeLeon, M.D., Boynton Beach, FL – Determination of Waiver ........... 28 ...................................................................................................................... 53 & 55 29 Dr. DeLeon was not present nor was he represented by counsel. 30 31 Dr. Orr was recused in both cases due to participation on the probable cause panel. 32 33 Mr. Milne represented the Department and presented the case to the Board. Allegations of the 34 Administrative Complaints: Violation of s. 456.072(1)(c), FS (2011) – Being convicted or found 35



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guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in 1 any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession 2 3 A motion was made, seconded and carried unanimously to find the Respondent waived his right 4 to a hearing. 5 6 A motion was made, seconded and carried unanimously to adopt the Findings of Fact. 7 8 A motion was made, seconded and carried unanimously to adopt the Conclusions of Law. 9 10 A motion was made, seconded and carried unanimously to revoke the Respondent’s license. 11 12 A motion was made, seconded and carried unanimously to waive assessment of costs in this 13 case. 14 15 Penalty imposed: revoked, costs waived 16 17 Charles Kenneth Graff, M.D., Bonita Springs, FL – Hearing Not Involving Disputed Issues 18 of Material Fact................................................................................................................56 19 Dr. Graff was not present nor was he represented by counsel. 20 21 Dr. Stringer was recused due to participation on the probable cause panel. 22 23 Ms. Green represented the Department and presented the case to the Board. Allegations of the 24 Administrative Complaint: Violation of s. 458.331(1)(nn), FS (2010) – Violating any provision 25 of this chapter or chapter 456, or any rules adopted pursuant thereto 26 27 A motion was made, seconded and carried unanimously to adopt the Findings of Fact. 28 29 A motion was made, seconded and carried unanimously to adopt the Conclusions of Law. 30 31 A motion was made, seconded and carried unanimously to impose a $1,000 fine, the Laws and 32 Rules course and required to comply with delinquent CME. 33 34 A motion was made, seconded and carried unanimously to waive assessment of costs in this 35 case. 36



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1 Penalty imposed: $1,000 fine, the Laws and Rules course, required to comply with delinquent 2 CME 3 4 Tara Carolyn Levy, E.O., Saint Petersburg, FL – Voluntary Relinquishment .........57 5 Ms. Levy was not present nor was she represented by counsel. 6 7 Dr. Nuss was recused due to participation on the probable cause panel. 8 9 Allegations of the Administrative Complaint: Violation of s. s. 478.52(1)(v), FS (2008-2009) – 10 Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 11 12 A motion was made, seconded and carried unanimously to accept the Voluntary relinquishment 13 of license. 14 15 Penalty imposed: license relinquished 16 17 Lawrence Alan Mishlove, M.D., Panama City Beach, FL – Recommended Order .60 18 Dr. Mishlove was present but not represented by counsel. 19 20 No current members were recused due to participation on the probable cause panel. Dr. 21 Rosenberg confirmed all participating members had read the complete record. 22 23 Ms. Green represented the Department and presented the case to the Board. Allegations of the 24 Administrative Complaint: Violation of s. s. 456.072(1)(hh), FS (2009) – Being terminated from 25 a treatment program for impaired practitioners, which is overseen by an impaired practitioner 26 consultant as described in s. 456.076, for failure to comply, without good cause, with the terms of 27 the monitoring or treatment contract entered into by the licensee, or for not successfully 28 completing any drug treatment or alcohol treatment program and s. 458.331(1)(s), FS (2009) – 29 Being unable to practice medicine with reasonable skill and safety to patients by reason of illness 30 or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any 31 mental or physical condition. 32 33 A motion was made, seconded and carried unanimously to adopt the Findings of Fact. 34 35 A motion was made, seconded and carried unanimously to adopt the Conclusions of Law. 36



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1 A motion was made, seconded and carried unanimously to adopt the Recommended Order. 2 3 A motion was made, seconded and carried unanimously to address the assessment of costs until a 4 later date. 5 6 Penalty imposed: suspended until appears and demonstrates his ability to practice with 7 reasonable skill and safety; if reinstated, probation for five years with terms to be set at that time 8 9 Final Order Compliance Issues: 10 Jorge Valido, M.D. – Motion for Reconsideration………............................................58 11 Dr. Valido withdrew his motion prior to the meeting. 12 13 Grace Valente Guastella, M.D. – Request to Lift Restriction………..........................59 14 Dr. Guastella withdrew her motion prior to the meeting. 15 16 Enock Joseph, M.D. – Petition for Reinstatement………... .........................................62 17 Dr. Joseph was present but not represented by counsel. 18 19 A motion was made, seconded and carried unanimously to deny his petition for reinstatement 20 because he has failed to comply with the terms of the Final Order. 21 22 Action taken: petition denied 23 24 Terease Estelle Kwiatkowski, M.D. – Request for Reconsideration………... ............63 25 This matter was withdrawn by Dr. Kwiatkowski prior to the meeting. 26 27 Action taken: none necessary 28 29 Robin Lynn Ortman, P.A. – Petition to Withdraw Voluntary Agreement to Withdraw from 30 Practice………..................................................................................................................64 31 This matter was withdrawn from the agenda prior to the meeting. 32 33 Action taken: none necessary 34 35 Board Director’s Remarks: 36



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2014 Board of Medicine Meeting Dates ........................................................................49 1 2 A motion was made, seconded and carried unanimously to approve the proposed 2014 dates. 3 4 Action taken: dates approved 5 6 2013 Legislative Proposals 7 Ms. Tootled reviewed the Board’s 2012 legislative proposals: 8

1. CME proposal that would allow specific requirements for CME be set by the Board in 9 rule in lieu of statute. 10

2. CE on Domestic Violence proposal would change the current requirement to complete 11 this course every six years. 12

3. Increase fine caps proposal which would increase fines in certain offenses to $25,000 13 4. Streamlining the licensure process proposal 14

Increase fee cap – Ms. Tootle recommended the Board not move forward with this 15 portion of the proposal because the Board is this board is projected to have sufficient 16 cash balances due to efficiencies in technology that will be realized in the next year or 17 so. 18

19 A motion was made, seconded and carried unanimously to go forward with these proposals for 20 2013. 21 22 Action taken: 2013 legislative proposals set 23 24 Department Remarks:..............................................................................................No tab 25 Ms. Donnelly addressed the Board and brought them up to date on activities in the Prosecution 26 Services Unit. 27 28 Council on Physician Assistants: ........................................................................... No tab 29 Dr. Winchester provided the report for the meeting held May 31, 2012. 30 31 A motion was made, seconded and carried unanimously to approve the report. 32 33 Action taken: report approved 34 35 Federation of State Medical Boards (FSMB) Report ......................................... No tab 36



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Dr. Orr provided a report on the FSMB Annual Meeting and an update on a conference call 1 related to National licensure legislation proposed by the FSMB. He presented the Board with a 2 plaque from the FSMB to the Board for serving the public interest and protecting the health of all 3 Florida citizens. 4 5 A motion was made, seconded and carried unanimously to approve the report. 6 7 Action taken: report approved 8 9 Discussion Items:.............................................................................................. Addendum 10 Editorial Board Review Process for Articles 11 Dr. Orr advised the Board that Mr. Tellechea and Ms. Tootle’s comments are needed when 12 members draft articles for publication. He asked the editorial board to be sensitive to deadlines 13 and suggested the Board continue to develop this process. He also suggested each member reach 14 out to their respective specialty societies and hospital systems. 15 16 Dr. Rosenberg acknowledged Dr. Orr’s comments. He thanked Ms. Goesch, the 17 Communication, Education and Communication Committee and Ms. Sanford for working 18 together to get the Board’s information out. 19 20 Action taken: none 21 22 Meeting Date/Location for October 2012......................................................................65 23 The Board discussed moving the meeting date currently set for the October 2012 meeting to 24 October 12-13, 2012. 25 26 A motion was made, seconded and carried unanimously to approve holding the meeting October 27 12-13, 2012. 28 29 Action taken: date moved to October 12-13, 2012 30 31 Quarterly Citation Report .......................................................................................No tab 32 This report was accepted for information only. 33 34 Committee Reports: 35 Surgical Care/Quality Assurance Committee ....................................................... No tab 36



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Dr. Orr provided the report for the meeting held May 31, 2012. 1 2 A motion was made, seconded and carried unanimously to approve the report. 3 4 Action taken: report approved 5 6 Credentials Committee Meeting 7 Dr. Nuss provided the report for the meeting held May 31, 2012. 8 9 A motion was made, seconded and carried unanimously to approve the report. 10 11 Action taken: report approved 12 13 Rules/Legislative Committee Meeting 14 Mr. Tellechea explained the Rules/Legislative Committee Meeting scheduled for May 31, 2012 15 had to be cancelled due to quorum issues. He explained there was an issue that needed to be 16 addressed by the Board before the Committee meets again. 17 18 Mr. Tellechea explained the Board is required to undergo a Rules Review every year and to 19 present a Regulatory Plan to the Governor’s Office by July 1, 2012. He asked for permission for 20 him to work with the Chairman of the Board in developing this list to ensure the Board meets the 21 deadline and the final plan would be presented to the Board at the next meeting. 22 23 A motion was made, seconded and carried unanimously to delegate authority to Dr. Rosenberg to 24 approve the draft Regulatory Plan and to present the plan to the Board at the August meeting. 25 26 Action taken: authority delegated to Dr. Rosenberg to approve the draft Regulatory Plan and for 27 staff to present the plan to the Board at the August meeting 28 29 Communication, Education and Information Committee 30 The meeting scheduled for May 31, 2012 was cancelled by the Committee Chair prior to the 31 meeting. 32 33 Finance & Process Accountability Committee 34 The meeting scheduled for May 31, 2012 was cancelled by the Committee Chair prior to the 35 meeting. 36



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1 Approval of Meeting Minutes: 2 April 13-14, 2012 Meeting ...................................................................................... No tab 3 A motion was made, seconded and carried unanimously to approve the minutes as written. 4 5 Action taken: minutes approved 6 7 Ratification of Applicants Pursuant to Chapter 458, FS..............................................50 8 A motion was made, seconded and carried unanimously to ratify the licenses. 9 10 Action taken: licenses ratified 11 12 The meeting adjourned at 3:37 pm. 13



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Saturday, June 2, 2012 1 8:00 a.m. ROLL CALL 2 3 Members Present: Members Absent: 4 Jason J. Rosenberg, M.D., Chairman Fred Bearison, M.D. 5 Z.P. Zachariah, M.D., Vice- Chairman Onelia Lage, M.D. 6 Nabil El Sanadi, M.D., 1st Vice-Chairman Donald Mullins, Consumer Member 7 Merle P. Stringer, M.D. Brigitte Goersch, Consumer Member 8 Magdalena Averhoff, M.D. Elisabeth Tucker, M.D. 9 Robert Nuss, M.D. 10 James Orr, M.D. 11 Gary Winchester, M.D. 12 Bradley Levine, Consumer Member 13 George Thomas, M.D. 14 15 Staff Present: Others Present: 16 Joy A. Tootle, JD, Executive Director American Court Reporting 17 Ed Tellechea, Esq, Board Counsel 18 Donna McNulty, Esq, Board Counsel Judy Rivenbark, M.D., Director 19 Nancy Murphy, Paralegal Practitioners Resource Network 20 Crystal Sanford, CPM, Program Operations Administrator 21 Chandra Prine, Program Operations Administrator 22 Rebecca Hewett, Administrative Assistant I 23 Shaila Washington, Compliance Officer 24 Jessica Hammonds, Public Information Officer 25 Ashley Carr, Public Information Officer 26 27 Prosecuting Attorneys Present: 28 Veronica Donnelly, Esq. 29 Diane Kiesling, Esq. 30 Yolonda Green, Esq. 31 Sharmin Hibbert, Esq. 32 Robert Milne, Esq. 33 Carl Gregg, Esq. 34 35 Disciplinary Case Schedule Continued: 36



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1 Stephen Mark Kadet, M.D., Parkland, FL – Settlement Agreement ...........................3 2 No present members were recused due to participation on the probable cause panel. 3 4 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(b), FS (2010) – Having 5 a license or the authority to practice medicine revoked, suspended, or otherwise acted against, 6 including the denial of licensure, by the licensing authority of any jurisdiction, including its 7 agencies or subdivisions. The licensing authority’s acceptance of a physician’s relinquishment of 8 a license, stipulation, consent order, or other settlement, offered in response to or in anticipation 9 of the filing of administrative charges against the physician’s license, shall be construed as action 10 against the physician’s license and s. 458.331(1)(kk), FS (2010) – Failing to report to the board, 11 in writing, within 30 days if action as defined in paragraph (b) has been taken against one’s 12 license to practice medicine in another state, territory, or country. 13 14 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 15 16 Penalty imposed: letter of concern, $2,500 fine, costs, Laws and Rules course, 5 hours CME in 17 risk management 18 19 Elizabeth Elaine Neel, M.D., Callaway, FL – Settlement Agreement ........................36 20 Mr. Levine was recused due to participation on the probable cause panel. 21 22 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2008) – 23 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 24 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 25 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 26 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 27 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 28 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 29 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 30 this paragraph shall be construed to require that a physician be incompetent to practice medicine 31 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 32 law judge or a final order of the board finding a violation under this paragraph shall specify 33 whether the licensee was found to have committed “gross medical malpractice,” “repeated 34 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 35 by the board must so specify and s. 458.331(1)(m), FS (2008) – Failing to keep legible, as 36



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defined by department rule in consultation with the board, medical records that identify the 1 licensed physician or the physician extender and supervising physician by name and professional 2 title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic 3 or treatment procedure and that justify the course of treatment of the patient, including, but not 4 limited to, patient histories; examination results; test results; records of drugs prescribed, 5 dispensed, or administered; and reports of consultations and hospitalizations. 6 7 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 8 9 Penalty imposed: letter of concern, $5,000 fine, costs, 5 hours CME in urological conditions, 5 10 hours CME in risk management 11 12 Michael Craig Solomon, M.D., Fort Pierce, FL – Settlement Agreement .................40 13 Dr. Stringer was recused due to participation on the probable cause panel. 14 15 Allegations of the Administrative Complaint: Violation of s. 456.072(1)(bb), FS (2008) – 16 Performing or attempting to perform health care services on the wrong patient, a wrong-site 17 procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically 18 unnecessary or otherwise unrelated to the patient's diagnosis or medical condition. For the 19 purposes of this paragraph, performing or attempting to perform health care services includes the 20 preparation of the patient. 21 22 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 23 24 Penalty imposed: letter of concern, $5,000 fine, costs, 5 hours CME in risk management, lecture 25 26 Sadhana Ashok Shah, M.D., Palm Harbor, FL – Settlement Agreement .................41 27 No present members were recused due to participation on the probable cause panel. 28 29 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2006) – 30 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 31 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 32 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 33 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 34 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 35 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 36



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licensed by this state to provide health care services as a medical doctor in this state. Nothing in 1 this paragraph shall be construed to require that a physician be incompetent to practice medicine 2 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 3 law judge or a final order of the board finding a violation under this paragraph shall specify 4 whether the licensee was found to have committed “gross medical malpractice,” “repeated 5 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 6 by the board must so specify and s. 458.331(1)(aa), FS (2006) – Presigning blank prescription 7 forms. 8 9 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 10 11 Penalty imposed: letter of concern, $5,000 fine, costs, Laws and Rules course 12 13 Alfred Otero, P.A., Fort White, FL – Settlement Agreement .....................................42 14 Dr. Orr and Mr. Levine were recused due to participation on the probable cause panel. 15 16 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(nn), FS (2010) – 17 Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto and 18 s. 458.331(1)(k), FS (2010) – Making deceptive, untrue, or fraudulent representations in or 19 related to the practice of medicine or employing a trick or scheme in the practice of medicine. 20 21 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 22 23 Penalty imposed: letter of concern, $1,500 fine, costs, 5 hours CME in risk management 24 25 Nelly Durr Chambers, M.D., Tampa, FL – Settlement Agreement ...........................43 26 Mr. Levine was recused due to participation on the probable cause panel. 27 28 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2005-2007) – 29 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 30 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 31 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 32 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 33 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 34 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 35 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 36



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this paragraph shall be construed to require that a physician be incompetent to practice medicine 1 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 2 law judge or a final order of the board finding a violation under this paragraph shall specify 3 whether the licensee was found to have committed “gross medical malpractice,” “repeated 4 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 5 by the board must so specify and s. 458.331(1)(m), FS (2005-2007) – Failing to keep legible, as 6 defined by department rule in consultation with the board, medical records that identify the 7 licensed physician or the physician extender and supervising physician by name and professional 8 title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic 9 or treatment procedure and that justify the course of treatment of the patient, including, but not 10 limited to, patient histories; examination results; test results; records of drugs prescribed, 11 dispensed, or administered; and reports of consultations and hospitalizations. 12 13 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 14 15 Penalty imposed: letter of concern, $6,000 fine, costs, FMA records course, 5 hours CME in 16 general dermatology care and/or treatment 17 18 Karen Elizabeth Jenkins, M.D., Davie, FL – Settlement Agreement .........................44 19 Dr. Nuss was recused due to participation on the probable cause panel. 20 21 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2008) – 22 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 23 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 24 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 25 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 26 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 27 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 28 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 29 this paragraph shall be construed to require that a physician be incompetent to practice medicine 30 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 31 law judge or a final order of the board finding a violation under this paragraph shall specify 32 whether the licensee was found to have committed “gross medical malpractice,” “repeated 33 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 34 by the board must so specify. 35 36



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1 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 2 3 Penalty imposed: letter of concern, $5,000 fine, costs, 5 hours CME in risk management, 5 4 hours CME in identification and diagnosis of gastrointestinal conditions 5 6 Mark Antonio Borden, M.D., Tampa, FL – Settlement Agreement ...........................46 7 Mr. Levine was recused due to participation on the probable cause panel. 8 9 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2007) – 10 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 11 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 12 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 13 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 14 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 15 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 16 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 17 this paragraph shall be construed to require that a physician be incompetent to practice medicine 18 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 19 law judge or a final order of the board finding a violation under this paragraph shall specify 20 whether the licensee was found to have committed “gross medical malpractice,” “repeated 21 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 22 by the board must so specify. 23 24 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 25 26 Penalty imposed: letter of concern, $7,500 fine, costs, 5 hours CME in emergency pediatric 27 conditions, 5 hours CME in risk management 28 29 David Mitchell Kenton, M.D., Deerfield Beach, FL – Settlement Agreement ..........48 30 Dr. J. Rosenberg was recused due to participation on the probable cause panel. 31 32 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2009) – 33 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 34 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 35 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 36



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more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 1 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 2 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 3 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 4 this paragraph shall be construed to require that a physician be incompetent to practice medicine 5 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 6 law judge or a final order of the board finding a violation under this paragraph shall specify 7 whether the licensee was found to have committed “gross medical malpractice,” “repeated 8 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 9 by the board must so specify. 10 11 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 12 13 Penalty imposed: letter of concern, $5,000 fine, costs, 5 hours CME in risk management 14 15 Robert Burger, M.D., Lake Worth, FL – Settlement Agreement ..............................22 16 Mr. Levine was recused due to participation on the probable cause panel. 17 18 Allegations of the Administrative Complaint: Violation of s. 458.331(1)(t), FS (2009) – 19 Notwithstanding s. 456.072(2) but as specified in s. 456.50(2): 1.Committing medical 20 malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 21 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require 22 more than one instance, event, or act. 2. Committing gross medical malpractice. 3. Committing 23 repeated medical malpractice as defined in s. 456.50. A person found by the board to have 24 committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be 25 licensed by this state to provide health care services as a medical doctor in this state. Nothing in 26 this paragraph shall be construed to require that a physician be incompetent to practice medicine 27 in order to be disciplined pursuant to this paragraph. A recommended order by an administrative 28 law judge or a final order of the board finding a violation under this paragraph shall specify 29 whether the licensee was found to have committed “gross medical malpractice,” “repeated 30 medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication 31 by the board must so specify; s. 458.331(1)(m), FS (2010) – Failing to keep legible, as defined 32 by department rule in consultation with the board, medical records that identify the licensed 33 physician or the physician extender and supervising physician by name and professional title 34 who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or 35 treatment procedure and that justify the course of treatment of the patient, including, but not 36



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limited to, patient histories; examination results; test results; records of drugs prescribed, 1 dispensed, or administered; and reports of consultations and hospitalizations; and s. 2 458.331(1)(q), FS (2010) – Prescribing, dispensing, administering, mixing, or otherwise 3 preparing a legend drug, including any controlled substance, other than in the course of the 4 physician’s professional practice. For the purposes of this paragraph, it shall be legally presumed 5 that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, 6 including all controlled substances, inappropriately or in excessive or inappropriate quantities is 7 not in the best interest of the patient and is not in the course of the physician’s professional 8 practice, without regard to his or her intent. 9 10 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 11 12 Penalty imposed: letter of concern, $5,000 fine, costs, UF drug course, 5 hours CME in risk 13 management 14 15 Thomas James Rodenberg, M.D., Knoxville, TN – Settlement Agreement ...............34 16 Dr. Rosenberg was present and represented by William Furlow, Esquire. 17 18 No present members were recused due to participation on the probable cause panel. 19 20 Ms. Kiesling represented the Department and presented the case to the Board. Allegations of the 21 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2007, 2008) – Notwithstanding s. 22 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 23 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 24 paragraph. Medical malpractice shall not be construed to require more than one instance, event, 25 or act. 2. Committing gross medical malpractice. 3. Committing repeated medical malpractice as 26 defined in s. 456.50. A person found by the board to have committed repeated medical 27 malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to 28 provide health care services as a medical doctor in this state. Nothing in this paragraph shall be 29 construed to require that a physician be incompetent to practice medicine in order to be 30 disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a 31 final order of the board finding a violation under this paragraph shall specify whether the 32 licensee was found to have committed “gross medical malpractice,” “repeated medical 33 malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the 34 board must so specify; s. 458.331(1)(k), FS (2008) – Making deceptive, untrue, or fraudulent 35 representations in or related to the practice of medicine or employing a trick or scheme in the 36



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practice of medicine; and s. 458.331(1)(m), FS (2007,2008) – Failing to keep legible, as defined 1 by department rule in consultation with the board, medical records that identify the licensed 2 physician or the physician extender and supervising physician by name and professional title 3 who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or 4 treatment procedure and that justify the course of treatment of the patient, including, but not 5 limited to, patient histories; examination results; test results; records of drugs prescribed, 6 dispensed, or administered; and reports of consultations and hospitalizations. 7 8 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 9 10 A motion was made and seconded to offer a counter proposal to impose a reprimand, $40,000 11 fine, a six-month suspension while he undergoes a UF CARES evaluation, the Board reserves 12 jurisdiction to impose additional terms depending on recommendations of the evaluation, the 13 FMA medical records course and five hours CME in risk management. 14 15 An amendment was offered to revise the suspension language to say he is suspended until he 16 undergoes the UF CARES evaluation and documents compliance with the recommendations; at a 17 minimum the suspension will be for six months; and he must appear before the Probationers 18 Committee for reinstatement at which time the Committee can impose additional terms as 19 warranted by the evaluation. This amendment was accepted. 20 21 Another amendment was offered to make the fine and costs due within six months of 22 reinstatement. This amendment was also accepted. 23 24 The Respondent took seven days to accept or reject the counter offer. 25 26 Action taken: Settlement Agreement rejected; counter to impose s reprimand, $40,000 fine, 27 FMA medical records course, five hours CME in risk management, suspended until he 28 undergoes the UF CARES evaluation and documents compliance with the recommendations; at a 29 minimum the suspension will be for six months; and he must appear before the Probationers 30 Committee for reinstatement at which time the Committee can impose additional terms as 31 warranted by the evaluation 32 33 Malcolm Colburn Foster, M.D., New Port Richey, FL – Settlement Agreement .....35 34 Dr. Foster was present and represented by Jeffrey S. Howell, Esquire. 35 36



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Dr. El Sanadi was recused due to participation on the probable cause panel. 1 2 Ms. Kiesling represented the Department and presented the case to the Board. Allegations of the 3 Administrative Complaint: Violation of s. 458.331(1)(j), FS (2007-2008) - Exercising influence 4 within a patient-physician relationship for purposes of engaging a patient in sexual activity. A 5 patient shall be presumed to be incapable of giving free, full, and informed consent to sexual 6 activity with his or her physician. 7 8 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 9 10 A motion was made and seconded to offer a counter proposal to impose the same terms in the 11 original agreement but to eliminate paragraph b(1) of the Settlement Agreement and replace it 12 with language that suspends the Respondent’s license until he undergoes a PRN evaluation and 13 the Board retains jurisdiction to impose additional terms. 14 15 The Respondent took seven days to accept or reject the counter offer. 16 17 Action taken: Settlement Agreement rejected; counter offer to impose a reprimand, $10,000 18 fine, costs, Laws and Rules course, suspension until undergoes PRN evaluation and compliance, 19 Board retains jurisdiction to impose additional terms, restriction – shall not treat female pts 20 without Florida licensed health care practitioner present in the room 21 22 Mark Steven Cukierman, M.D., Boca Raton, FL – Settlement Agreement ...............37 23 Dr. Cukierman was present and represented by Karen Schapira, Esquire. 24 25 No present members were recused due to participation on the probable cause panel. 26 27 Ms. Kiesling represented the Department and presented the case to the Board. Allegations of the 28 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2008-2009) – Notwithstanding s. 29 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 30 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 31 paragraph. Medical malpractice shall not be construed to require more than one instance, event, 32 or act. 2. Committing gross medical malpractice. 3. Committing repeated medical malpractice as 33 defined in s. 456.50. A person found by the board to have committed repeated medical 34 malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to 35 provide health care services as a medical doctor in this state. Nothing in this paragraph shall be 36



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construed to require that a physician be incompetent to practice medicine in order to be 1 disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a 2 final order of the board finding a violation under this paragraph shall specify whether the 3 licensee was found to have committed “gross medical malpractice,” “repeated medical 4 malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the 5 board must so specify; s. 458.331(1)(m), FS (2008-2009) – Failing to keep legible, as defined by 6 department rule in consultation with the board, medical records that identify the licensed 7 physician or the physician extender and supervising physician by name and professional title 8 who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or 9 treatment procedure and that justify the course of treatment of the patient, including, but not 10 limited to, patient histories; examination results; test results; records of drugs prescribed, 11 dispensed, or administered; and reports of consultations and hospitalizations; s. 458.331(1)(q), 12 FS (2008-2009) – Prescribing, dispensing, administering, mixing, or otherwise preparing a 13 legend drug, including any controlled substance, other than in the course of the physician's 14 professional practice. For the purposes of this paragraph, it shall be legally presumed that 15 prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including 16 all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the 17 best interest of the patient and is not in the course of the physician's professional practice, 18 without regard to his or her intent; and s. 458.331(1)(nn), FS (2008-2009) – Violating any 19 provision of this chapter or chapter 456, or any rules adopted pursuant thereto. 20 21 A motion was made, seconded and carried unanimously to reject the Settlement Agreement. 22 23 A motion was made and seconded to offer a counter to impose the same terms in the original 24 agreement but to impose a reprimand in lieu of the letter of concern. 25 26 An amendment was offered to impose a three month suspension. This amendment was rejected. 27 28 A motion was made and seconded to impose a three month suspension. The motion failed 2-8. 29 30 The counter motion carried with one opposed. 31 32 The Respondent took seven days to accept or reject the counter offer. 33 34 Action taken: Settlement Agreement rejected; counter offer to impose a reprimand, $50,000 35 fine, costs, UF drug course, FMA records course, 5 hours CME in risk management 36



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1 Lewis G. Maharam, M.D., New York, NY – Settlement Agreement ..........................38 2 Dr. Maharam was present but not represented by counel. 3 4 No present members were recused due to participation on the probable cause panel. 5 6 Ms. Kiesling represented the Department and presented the case to the Board. Allegations of the 7 Administrative Complaint: Violation of s. 458.331(1)(b), FS (2011) – Having a license or the 8 authority to practice medicine revoked, suspended, or otherwise acted against, including the 9 denial of licensure, by the licensing authority of any jurisdiction, including its agencies or 10 subdivisions. The licensing authority’s acceptance of a physician’s relinquishment of a license, 11 stipulation, consent order, or other settlement, offered in response to or in anticipation of the 12 filing of administrative charges against the physician’s license, shall be construed as action 13 against the physician’s license and s. 458.331(1)(kk), FS (2011) – Failing to report to the board, 14 in writing, within 30 days if action as defined in paragraph (b) has been taken against one’s 15 license to practice medicine in another state, territory, or country. 16 17 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 18 19 Penalty imposed: letter of concern, $3,000 fine, costs, Laws and Rules course 20 21 Monique Michelle Barbour, M.D., Lake Worth, FL – Settlement Agreement .........45 22 Dr. Barbour was present and represented by Alex D. Barker, Esquire. 23 24 Dr. El Sanadi and Mr. Levine were recused due to participation on the probable cause panel. 25 26 Ms. Green represented the Department and presented the case to the Board. Allegations of the 27 Administrative Complaint: Violation of s. 458.331(1)(t), FS (2010) – Notwithstanding s. 28 456.072(2) but as specified in s. 456.50(2): 1.Committing medical malpractice as defined in s. 29 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this 30 paragraph. Medical malpractice shall not be construed to require more than one instance, event, 31 or act. 2. Committing gross medical malpractice. 3. Committing repeated medical malpractice as 32 defined in s. 456.50. A person found by the board to have committed repeated medical 33 malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to 34 provide health care services as a medical doctor in this state. Nothing in this paragraph shall be 35 construed to require that a physician be incompetent to practice medicine in order to be 36



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disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a 1 final order of the board finding a violation under this paragraph shall specify whether the 2 licensee was found to have committed “gross medical malpractice,” “repeated medical 3 malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the 4 board must so specify; s. 458.331(1)(m), FS (2010) – Failing to keep legible, as defined by 5 department rule in consultation with the board, medical records that identify the licensed 6 physician or the physician extender and supervising physician by name and professional title 7 who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or 8 treatment procedure and that justify the course of treatment of the patient, including, but not 9 limited to, patient histories; examination results; test results; records of drugs prescribed, 10 dispensed, or administered; and reports of consultations and hospitalizations; s. 456.072(1)(bb), 11 FS (2010) – Performing or attempting to perform health care services on the wrong patient, a 12 wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is 13 medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition. For 14 the purposes of this paragraph, performing or attempting to perform health care services includes 15 the preparation of the patient. 16 17 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 18 19 Penalty imposed: letter of concern, $5,000 fine, costs, FMA records course, 5 hours CME in 20 risk management, 5 hours CME in assessment, diagnosis and treatment of cataracts 21 22 David Mitchell Kenton, M.D., Deerfield Beach, FL – Settlement Agreement ..........47 23 Dr. Kenton was present and represented by Elizabeth Perez, Esquire. 24 25 Dr. Zachariah was recused due to participation on the probable cause panel. 26 27 Mr. Milne represented the Department and presented the case to the Board. Allegations of the 28 Administrative Complaint: Violation of s. 458.331(1)(c), FS (2010) – Being convicted or found 29 guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any 30 jurisdiction which directly relates to the practice of medicine or to the ability to practice 31 medicine 32 33 A motion was made, seconded and carried unanimously to accept the Settlement Agreement. 34 35



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Penalty imposed: reprimand, $10,000 fine, costs, UF drug course, Laws and Rules course, 5 1 hours CME in risk management, 1-year stayed suspension, probation for 2 years with indirect 2 supervision, 25% chart review, quarterly reports from monitor and probationer, appearances 3 4 Petition for Waiver or Variance: 5 Terence R. Mahoney, M.D. .............................................................................................61 6 Dr. Mahoney was present but not represented by counsel. He was requesting a waiver or 7 variance of Rule 64B8-9.0131, FAC – Training requirements for physicians practicing in pain-8 management clinics. He explained that he recently completed 40+ hours of CME and plans to 9 take an FMA course in pain-management scheduled for June 29th. He said these activities would 10 allow him to meet the requirements of the rule and withdrew his request. 11 12 Action taken: petition withdrawn by petitioner 13 14 Petitions for Declaratory Statements: 15 Final Order on Timothy Hipp, M.D. RE: s. 458.347, FS .............................................27 16 Dr. Hipp was present but not represented by counsel. 17 18 Mr. Tellechea explained the Board addressed this petition at the last meeting and the draft Final 19 Order was in the agenda materials for the Board’s review and approval. 20 21 A motion was made, seconded and carried unanimously to approve the draft Final Order. 22 23 Action taken: draft Final Order approved 24 25 Board Chair’s Remarks: .........................................................................................No tab 26 Dr. Rosenberg asked the Board staff to look at the October and December agendas to determine 27 if Saturday can be eliminated from the meeting. He explained the request increase efficiency 28 while decreasing costs assuming there are not enough cases to warrant a Saturday meeting. 29 30 A motion was made, seconded and carried unanimously to ask staff to remove Saturday from the 31 October and December meetings if there are not enough cases to warrant meeting on Saturday 32 too. 33 34 Action taken: October and December meetings – remove Saturday if there are not enough cases 35 for both dates. 36



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1 New Business: 2 Mr. Levine asked if the topic of the usage of Lortab, a Schedule II controlled substance, at next 3 meeting. 4 5 Ms. Tootle asked the members to leave their laptops and accessories along with the bag so the 6 staff could take them back for additional work. She apologized for the problems that occurred at 7 this meeting. 8 9 Board Counsel’s Remarks:.......................................................................................No tab 10 Mr. Tellechea explained that since Ms. Donnelly said there were 28 cases pending at the 11 Division of Administrative Hearings, he would be sending additional instructions for how to 12 handle Recommended Orders. He asked the members to call him if they had any questions. 13 14 Dr. Zachariah asked that the expert witness used in the case against Dr. Barbour be referred to 15 the Expert Witness Committee. He wants to know if there was an issue or not in this case. 16 17 The meeting adjourned at 9:50 am. 18 19 20

draft fb minutes june 2012 - flboardofmedicine.gov · Peabody Orlando 9801 International Drive...

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